6655002070 36.00 Electronically Recorded = ‘2!ant County Texas Official Public Records 2007 Jan 04 03:48 PM Fee: $ 36.00 Ffigenma/ Minhoze,) Submitter: LANDATA 6 Pages Suzanne Henderson D207005599 STN1T/06901263/224/HT S E NTS DECLARATION OF RESTRICTIVE Vv.
THIS DECLARATION OF RESTRICTIVE is made by MHI PARTNERSHIP, LTD. (hereinafter as follows: ENA einafter ‘“Declaration’’) slarant’’), a Texas limited partnership, A. Property Address: B. Buyers(s): &. Legal Descrip the city of FT. WORTH TARRANT County, Texas.
clude applicable lot, block, subdivision, section and county).
D. Closing P ls |2007 (hereinafter ““Closing Date’’).
ing Mate, Declarant sold and conveyed the Property to Buyer.
frac through which Buyer purchased the Property from Declarant (“Contract”) ation provisions set forth in Exhibit A attached hereto, which shall run with the G. Declarant makes this Declaration for the purpose of subjecting the Property to one or more restrictive covenants as more particularly described below. Buyer joins hercin to evidence Buyer’s acceptance of the Property subject to this Declaration and Buyer’s agreement to the terms and conditions hereof.
NOW, THEREFORE, Declarant hereby subjects the Property to certain covenants, conditions and restrictions as more parlicularly described below.
Page 1 of 6 DECLARATION Recitals. The Recitals set forth above are incorporated herein as a substantive part of this Declaration.
Arbitration. The Contract contains the arbitration provisions set forth in Exhibit A hereof, which are incorporated herein as a substantive part of this Declaration: Applicability. Buyer and Buyer’s successors and assigns, and any future owner or occupier of the Property, shall be bound by the terms and conditions of the arbi
substantive part of this Declaration: Applicability. Buyer and Buyer’s successors and assigns, and any future owner or occupier of the Property, shall be bound by the terms and conditions of the arbi provisions set forth in Exhibit A and all references to “Buyer” in such aphj provisions shall apply equally to the Buyer(s) named herein, together wi Closing Date, after which time it shall automatically expift fi arbitration provisions recited Exhibit A. Notwithstanding becomes the owner of the Property, this Declaratj further force or effect as to Declarant or the Prope Miscellaneous.
(a) Successors and Assigns; Covenanls unging wi y. The benefits of this Declaration shall in efat the parties and their respective successors and assigns ture owner or occupier of the Property), and the burdens a s of this Declaration shall be binding upon the parties and thé future owner ofroc covenants that prOnth, the (b) —_Invaliditf. Gs 2 g Law. This Declaration shall be governed by and construed in accordance with the laws of the State of Texas (except as to construction and enforcement of the foregoing arbitration provisions, which shall be governed by the laws of the United States).
(d) Counterparts. This Declaration may be executed in multiple counterparts, each of which shall constitute an original and all of which when taken together shall constitute one instrument.
(e) Attorney’s Fees, Declarant shall be entitled to recover the from Buyer or any ' subsequent transferee of the Property, Declarant’s reasonable and necessary attorney’s fees and litigation expenses incurred in enforcing this Declaration.
Page 2 of 6 (f) Recording. This Declaration shall be recorded in the Real Property Records of each county in which the Property is located.
litigation expenses incurred in enforcing this Declaration.
Page 2 of 6 (f) Recording. This Declaration shall be recorded in the Real Property Records of each county in which the Property is located.
IN WITNESS WHEREOPF, this Declaration of Restrictive Covenants has been executed to be effective as of the Closing Date stated above.
DECLARANT: MHI PARTNERSHIP, LTD., a Texas limited partnership by, McGuyer Homebuilders, Inc., a Texag its general partner Name: Title: STATE OF TEXAS § COUNTY OF TARRANT & e on luory 3 , 20:01; by NA D: Agent of McGuyer Homebuilders, Inc., a Texas corporation and general pays nership, Ltd., a Texas limited partnership, on behalf of said corporation.
wads i7, say Rit, Se atinee wit Egy ch PRN i lic, State of Texas HE REMAINDER OF THIS PAGE IS INTENTIANALLY LEFT BLANK Page 3 of 6 ACCEPTED AND AGREED: Buyer: TRENT MITCHELL Buyer: Slender mitchell GLENDA MITCHELL STATE OF TEXAS COUNTY OF TARRANT cos § § This instrument was acknowledged before me on by the above signed "Buyer(s)".
OTARY PUBLIC S HALEY L. TURNER !!!!!! Notary Public, State of Texas ATE OF TEXAS My Commission Expires 04/11/2009 Notary Public, State of Texas 2007, Unofficial Copy AFTER RECORDATION RETURN ORIGINAL TO: Ray Holan McGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 Page 4 of 6 2D OF OR RELATING TO THIS CONTRACT, THE BREACH THEREOF, OR RELATING DIR DECLARATION OF RESTRICTIVE COVENANTS EXHIBIT A ARBITRATION: BROAD FORM AGREEMENT TO ARBITRATE: ANY CLAIM OR CONTROVERSY ARISING OUT OR INDIRECTLY TO THIS CONTRACT, THE PURCHASE, CONSTRUCTION OR REPAIR.O PROPERTY, INCLUDING ANY AND ALL CLAIMS AGAINST SELLER AND/O AGENTS, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS ARBITRATION UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C., § 1
E, CONSTRUCTION OR REPAIR.O PROPERTY, INCLUDING ANY AND ALL CLAIMS AGAINST SELLER AND/O AGENTS, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS ARBITRATION UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C., § 1 ACKNOWLEDGE AND AGREE THAT THE TRANSACTION MAD CONTRACT INVOLVES AND AFFECTS INTERSTATE COMM REAL PROPERTY RECORDS OF THE COUNTY IN WHI (15) YEARS FOLLOWING CLOSING (COVENANDR RERIOD”). AT THE CONCLUSION OF THE COVENANT PERIOD, THE COVENANT SHALL ; FURTHER FORCE OR EFFECT, EXCEPT AS TO WHICH ARE IN PROGRESS AT THE T OR (is ARBITRATION PROVISIONS SHALL S UNTIL THEY ARE CONCLUDED BY EN AWARD OR JUDGMENT.
DEFECT DISPUTES: IF THE DISPUTE IS FOR ONLY (1) OF ALL OTHER DISPUTES: IN ALL CASES WHICH ARE NOT GOVERNED BY PAR XBOVE (INCLUDING WITHOUT LIMITATION ALL INSTANCES WHERE INS CTION DEFECT CLAIMS ARE JOINED WITH OTHER CLAIMS), THE ARBITRATION E ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN A ANCE WITH ITS CONSTRUCTION INDUSTRY ARBITRATION RULES (AS SUPPLEMENTED BY AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHERE APPLICABLE) IN EFFECT AT THE TIME THE DEMAND FOR ARBITRATION IS FILED. AAA FAST TRACK PROCEDURES SHALL APPLY ONLY UPON THE FURTHER WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATION PROCEEDING.
GENERAL PROVISIONS: WITHIN A REASONABLE TIME AFTER THE CONTROVERSY HAS ARISEN, THE PARTY REQUESTING RELIEF SHALL FILE A WRITTEN DEMAND FOR ARBITRATION AND PAY APPLICABLE FILING FEES. THE ARBITRATION PROCEEDING SHALL BE CONDUCTED IN THE FEDERAL JUDICIAL DISTRICT WHERE THE PROPERTY IS Page 5 of 6 LOCATED, UNLESS OTHERWISE AGREED BY THE PARTIES. IN ALL INSTANCES, THE PARTIES MAY AGREE UPON ONE (1) ARBITRATOR, BUT IN THE EVENT THE PARTIES CANNOT AGREE, THERE SHALL BE THREE (3) NEUTRAL ARBITRATORS APPOINTED IN
S OTHERWISE AGREED BY THE PARTIES. IN ALL INSTANCES, THE PARTIES MAY AGREE UPON ONE (1) ARBITRATOR, BUT IN THE EVENT THE PARTIES CANNOT AGREE, THERE SHALL BE THREE (3) NEUTRAL ARBITRATORS APPOINTED IN ACCORDANCE WITH THE APPLICABLE ARBITRATION RULES, IN THE EVENT THE APPLICABLE ARBITRATION RULES MANDATE THAT THE DISPUTE SHALL BE SUBMITTED TO A SINGLE ARBITRATOR AND THE PARTIES CANNOT AGREE AS TO THE SELECTION OF SUCH ARBITRATOR, THEN THERE SHALL BE THREE (3) NEUTRAL ARBITRATORS APPOINTED IN ACCORDANCE WITH THE APPLICABLE ARBITRATION RULES, WITH THE COST OF THE TWO (2) ADDITIONAL ARBITRATIORS BEING ADVANCED BY SELLER.
UNLESS THE APPLICABLE ARBITRATION RULES MANDATE OTHERWISE, ALL ARBITRATORS SHALL BE ATTORNEYS AT LAW, LICENSED TO PRACTICE IN THE STATE OF SHALL BE BINDING AND CONCLUSIVE ON THE PARTIES. IF THERE ARE 4 ARBITRATORS, THE DECISION OF ANY TWO (2) SHALL BE BINDING AND ; COSTS OF ARBITRATION SHALL BE ALLOCATED BETWEEN OR AMONG F PROVIDED BY THE APPLICABLE ARBITRATION RULES, OR IN TH INAPPLICABILITY OF SUCH RULES, AS DETERMINED BY THE ARBJFR# SUCH PARTY SHALL REIMBURSE THE OTHER PARTY INCLUDING ATTORNEY'S FEES: (A) INCURRED IN SE} DISMISSAL OF SUCH LITIGATION; OR (B) INCURR ARBITRATION. THE FOREGOING DOES NOT PRECI EMERGENCY RELIEF FROM A COURT OF PROSECUTION OF A REQUEST FOR EMERGENC AK a WILD NOT BE DEEMED A WAIVER JOINDER: THE PARTIES AGREE AL) “Y JOIN IN ANY ARBITRATION PROCEEDING CONDUCTED HEREUN QRE OF SELLER’S SUBCONTRACTORS, SPECIALTY CONTRACTORS, MATERIAL NGINEERS, DESIGNERS AND/OR SUCH OTHER PERSONS OR ENTITIES (CO WHETHER ONE OR MORE “THIRD-PARTY”) WHERE: (A) THE SERVICES PROV, ERFORMED OR MATERIALS SUPPLIED BY SUCH THIRD-PARTY FO CTLY OR INDIRECTLY, IN WHOLE OR PART, OF THE CLAIMS MADE }) E ARBITRATION PROCEEDING; (B) SUCH THIRD-
“THIRD-PARTY”) WHERE: (A) THE SERVICES PROV, ERFORMED OR MATERIALS SUPPLIED BY SUCH THIRD-PARTY FO CTLY OR INDIRECTLY, IN WHOLE OR PART, OF THE CLAIMS MADE }) E ARBITRATION PROCEEDING; (B) SUCH THIRDA COMMON QUESTION OF FACT OR LAW; OR (C) SURVIVAL: THE PROVISIONS OF THIS PARAGRAPH 25 SHALL SURVIVE THE CLOSING OF THIS TRANSACTION.
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